Loading...
1991-07-30 DCA to File re: Staff Evaluation L } r K of STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 C E N T E R V I E W D R I V E • TALLAHASSEE , F L O R I D A 3 2 3 9 9 . 2 1 0 0 Lawton Chiles v ski MEMORANDUM William E. SadD Governor re ar TO: File THROUGH: Meredith Dahlrose, Community Program Administrator, Bureau of Local Planning, Team C FROM: Randy Fox, Planner IV N DATE: July 30, 1991 RE: City of Okeechobee Comprehensive Plan Staff Evaluation for Notice of Intent . DECISION DATE FOR 'NOI : August 2 , 1991 PUBLICATION DATE FOR NOI: August 7 , 1991 COMMUNITY PROFILE The City of Okeechobee is located in southern Okeechobee County, approximately 1. 5 miles north of Lake Okeechobee. The City is situated at the intersections of US 98 , US 441 and SR 70 . The City is the only incorporated area in the County and serves as a shopping and employment center for the unincorporated areas surrounding the City. The City currently provides potable water and sanitary sewer service to approximately 33 percent of the City' s residents and a small portion of the County' s residents. Scheduled sanitary sewer improvements will expand sewer service to include approximately 74 percent of the City' s residents. Of the 2 , 367 acres total land area for the City, 34% (813 acres) is vacant land. The predominate type of land use is Residential and encompasses 33% (715 acres) of the City' s total land area . Other land use designations include . 5% Industrial (11 acres) , 7 . 8% Commercial (171 acres) , .7% Recreation (15 acres) , 1. 6% Public Buildings (36 acres) , and 26% (606 acres) Right-of-Way. The City' s 1990 population was 4 , 770 persons. The projected population for 1995 is 4, 923 and is expected to increase to 5, 086 by the year 2000. EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMEN1 I. CONCURRENCY The City has adopted a Concurrency Management System which ensures that public facilities and services needed to support development are available concurrent with the impacts of such development. Policies have been adopted which state that " [a]pproval of development proposals will be conditioned on the availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards. " (Policy 1. 1 p. 2) . Other policies provide for the CMS to ensure that needed public facilities will be in place prior to or concurrent with new development. (Policy 1. 2 p.2) . The CMS establishes guidelines for maintaining an inventory of public facility capacities and for interpreting and applying LOS standards to applications for development orders. II. LEVEL OF SERVICE STANDARDS Policies have been adopted which establish adequate LOS standards for all public facilities. The LOS standards are supported by data and analysis and policies have been included to coordinate LOS standards with those state and local entities having operational and maintenance responsibilities for such facilities. All LOS standards are repeated in the Capital Improvements Element. III. DRAINAGE Identified Problem The City has not adequately analyzed existing and projected drainage facility needs and has addressed this deficiency by adopting Policy 7 . 1 (p.29) which states that the City will undertake a stormwater management study to identify water quality and drainage deficiencies. However, Policy 7 . 1 does not include a timeframe for initiating and completing the drainage study and the study is not included in the Five-Year Schedule of Capital Improvements; therefore, the City is not committed to undertake the study within a specified time. (Rule 9J-5. 016 (4) , F.A.C. ) . Recommended Corrective Action Revise Policy 7. 1 (p.29) to commit the City to undertake the stormwater management study and to implement the results of the study within a specified timeframe. Although a stormwater management study does not meet the City's definition of a capital improvement, the City should consider revising the Five-Year Schedule of Capital Improvements to include projected costs and funding sources for the stormwater management study and to identify the year during which the stormwater management study will be conducted. 2 o t IV. FINANCIAL FEASIBILITY The City has adopted a Five-Year Schedule of Capital Improvements that identifies projects and funding sources for correcting existing and projected deficiencies in LOS standards for sanitary sewer and potable water facilities. The City has additional debt capacity available and a review of the City's Capital Improvements Element indicates that the City has the ability to achieve and maintain the adopted Level of Service standards for the facilities it has operational and maintenance responsibilities. V. AFFORDABLE HOUSING The City has adequately analyzed the housing needs of the projected population and has adopted policies to address affordable housing. The City's primary role is to provide adequate public facilities to meet projected housing needs and to hold periodic meetings with builders, non-profit housing providers, and interested persons to assess and improve the production of housing for City residents. (Policies 1. 1 and 1. 2 p. 18) . A density bonus is available for residential developments providing units which qualify as affordable housing. (Policy 1. 6 p. 19) . The City will bring substandard housing units into compliance with applicable regulations at an average rate of 10 per year. (Policy 2 .2 p.20) . VI. URBAN SPRAWL Urban sprawl is not a primary issue for the City of Okeechobee as only 219 additional dwelling units are projected to be needed by the year 2000 and adequate land is available within the City to accommodate the anticipated population. Additionally, objectives and policies have been adopted which regulate the extension of public facilities to discourage sprawl and to maximize existing facilities. (Objective 3 p.24) . The extension of water and sewer service in unincorporated areas will be coordinated with the County and limited to the Urban Residential Area depicted on the Okeechobee County Future Land Use Map. (Objective 4 and Policy 4 . 1 p.25) . Non-city residents will pay the full cost of providing sewer and water service in unincorporated areas. (Policy 4 .3 p. 25) . Capital improvement projects will be ranked to promote infill development. (Policy 2 .2 p.27) . VII. INTERGOVERNMENTAL COORDINATION Policies have been adopted which adequately address intergovernmental coordination and which ensure coordination in establishing and maintaining LOS standards with entities providing public facilities to the City. (Policies 3 . 1 and 3 . 2 p. 38) . The informal mediation process established by the Central Florida RPC will be utilized to resolve land use conflicts with 3 adjacent local governments and a review procedure will ensure that any proposed development which may have extra-jurisdictional impacts will be compatible with the Okeechobee County Comprehensive Plan. (Policies 2 . 1 and 2.4 p. 36) . Identified Problem The City's adopted plan does not adequately address coordinating future land uses with the Resource Management Plan for the Lower gissimmee River and Taylor Creek Drainage Basins. Although the City has included objectives and policies which state that review procedures will be established to address coordination with the Resource Management Plan, the review procedures have not been described and the Resource Management Plan has not been discussed; therefore, the City has not established specific programs. and activities it will undertake to implement the Resource Management Plan. (Rules 9J-5. 006 (3) (b) 6. and 9J- 5.015 (3) (c) 1. , F.A.C. ) . Recommended Corrective Action, Expand the plan to include an analysis of the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins and include an analysis of the suitability of future land uses in order to support the goals of the resource management plan. Include objectives and policies which describe the specific programs and activities including specific review procedures the City will undertake to implement the Resource Management Plan. If necessary, revise the Future Land Use Map to be consistent with and further the resouce management plan. VIII. RROTECTION OF NATURAL RESOURCES The Future Land Use Map depicts all natural resources within the City and policies have been adopted to establish review procedures to ensure coordination with the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins. (Policy 1. 1 p. 37) . An Environmental Site Review process will be applied to development proposals which will identify environmentally sensitive areas, wetlands, soil limitations, and existing vegetation. The Environmental Site Review will be used to prescribe measures for preserving environmentally sensitive areas and will specify the conditions necessary for development approval . Identified Problems, The Future Land Use Map does not depict Conservation land uses. Taylor Creek, which drains into Lake Okeechobee, several isolated wetlands, and several relatively large undeveloped tracts containing vegetative and wildlife communities exist within the 4 City and are appropriate areas for designation as a conservation land use. (Rules 9J-5. 006 (4) (a) 6. , 9J-5. 006(4) (b) , and 9J- 5. 013 (2) (c) 9. , F.A.C. ) . The Future Land Use Map does not adequately protect natural resources because an approximately 175 acre parcel that is currently vacant and that contains several isolated wetlands is depicted as Industrial land use on the Future Land Use Map. The parcel is adjacent to Taylor Creek which drains into Lake Okeechobee and buffers have not been established to protect the creek and wetlands from the impacts of development. The parcel is not presently served by sanitary sewer and the expansion of services into this area has not been specifically addressed. Additionally, the allocation of Industrial land is not supported by data and analysis because although the analysis of projected land use needs indicates a need for only one additional acre of Industrial land by the year 2000, the City has allocated an additional 167 acres of Industrial land on the Future Land Use Map. (Rules 9J-5. 006(2) (c) 2. , 9J-5. 006 (4) (a) 3 . , 9J- 5. 006(4) (b) 3 . , and 4. , F.A.C. ) . Policies for the protection of environmentally sensitive land and policies establishing development densities and intensities do not adequately protect natural resources. Policy 1.4 (p.2) states that " [p]ermitted densities and intensities in environmentally sensitive areas shall be as established under Objective 2 and the Future Land Use Map. " However, no intensity standards have been included under Objective 2 for Industrial , Commercial, and Public Facilities land use categories and residential densities permit 4 d.u./ac for single-family, 6 d.u./acre for mobile home parks, and 10 d.u./acre for multi- family housing. These densities do not protect environmentally sensitive areas and policies have not been included to address clustering development to protect environmentally sensitive areas. Additionally, Policy 2 . 2 (p.3) , which requires an Environmental Site Review for development proposals, exempts applications for single-family residential structures from the site review process. (Rules 9J-5. 006 (3) (c) 6, and 7 . , 9J- 5. 013 (2) (c) 1. , 9J-5.013 (2) (c) 3 . , 9J-5. 013 (2) (c) 6. , and 9J- 5. 013 (2) (c) 9. , F.A.C. ) . Recommended Corrective Action Revise the Future Land Use Map to depict conservation land uses. Wetlands, floodplains, areas of high aquifer recharge or natural karst formations, areas with native vegetative and wildlife communities, and areas adjacent to surface water bodies are suitable for conservation land use designations. Taylor Creek, which drains into Lake Okeechobee, and the isolated wetlands located within the City should be depicted as conservation areas on the Future Land Use Map and the conservation areas 5 should include appropriate buffer zones which prohibit all development activity adjacent to environmentally sensitive areas. Revise the Future Land Use Map to protect natural resources by restricting development within and adjacent to wetlands, Taylor Creek and other significant natural resources. The City may choose to designate an entire parcel containing isolated wetlands as a conservation area or may choose to depict only the individual wetlands as conservation so long as a specified buffer zone is established which prohibits all development activity adjacent to the wetland and additional policies are adopted which implement further development controls that adequately protect natural resources. Include additional policies that require clustering of development away from wetland areas of the site and maintenance of upland buffers adjacent to the wetlands (specify the minimum buffer width) . Prohibit septic tank systems adjacent to wetlands and Taylor Creek. Additionally, revise the allocation of Industrial land depicted on the Future Land Use Map to be supported by adequate data and analysis indicating a projected need for the amount of acreage allocated. Revise Policy 2 . 1 (p. 3) to include densities or intensities for all land use categories. Revise Policy 2 . 2 (p. 3) to delete the text exempting single-family residential structures from the Environmental Site Review Process unless the development proposal is for a single dwelling unit that is not part of a larger development and is clearly located in an area suitable for development. Revise Policy 1.4 (p.2) to reference additional policies which establish less intensive land uses for environmentally sensitive areas and delete the reference in Policy 1. 4 regarding the densities and intensities established under Objective 2 for environmentally sensitive areas. The additional policies should specify the land use categories and the less intensive densities and intensities permitted in environmentally sensitive areas as well as the specific requirements for site review, clustering development on suitable portions of environmentally sensitive areas, the extent of natural buffer zones applicable in these areas and any additional development controls that will be implemented to ensure the protection of environmentally sensitive areas. IX. FUTURE LAND USE Identified Problem A policy which establishes standards for densities or intensities for each future land use category is not included in the adopted plan. Although Policy 2.1 (p.3) establishes densities for Residential land uses, standards for densities or intensities for Commercial, Industrial, and Public Facilities land use categories are not included. (Rule 9J-5. 006 (3) (c) 7. , F.A.C. ) . 6 c e Recommended Corrective Action Expand Policy 2. 1 (p. 3) to establish standards for densities or intensities for each future land use category. Intensity standards should specify the floor area ratio, impervious surface ratio, building volume ratio, or other acceptable intensity standards. X. CONSISTENCY WITH THE SCP The adopted plan does not adequately address the following State Comprehensive Plan goals and policies (9J-5. 021 (1) ) : (a) Water Resources Policy (8) (b) 10. , to protect surface and groundwater quality and quantity in the state; (b) Natural Systems and Recreational Lands Policies (10) (b) 1. , 2 . , and 7 . , to conserve forests, wetlands, fish, and wildlife to maintain their environmental, economic, aesthetic, and recreational values; and, (c) Land Use Policy (16) (b) 6. , to consider, in land use planning and regulation, the impact of land use on water quality and quantity. Recommended Corrective Action The City must revise the Future Land Use Map and policies protecting natural resources to be compatible with and further the above referenced goals and policies of the State Comprehensive Plan. XI. CONSISTENCY WITH THE RPC The adopted plan does not adequately address the following Central Florida Regional Policy Plan goals and policies (9J- 5. 021 (1) ) : (a) Water Resources (Regional Policy 1) , to protect, manage, and conserve surface water and aquifer resources; and, (b) Natural Systems and Recreational Lands (Regional Policy 1 and 2) , to mitigate land development impacts on the City's natural systems and protect environmentally sensitive areas. Recommended Corrective Action The City must revise the Future Land Use Map and policies protecting natural resources to be compatible with and further the above referenced goals and policies of the Central Florida Regional Policy Plan. 7 • COMPLIANCE DETERMINATION CITY OF OKEECHOBEE COMPREHENSIVE PLAN Secretary's Finding In Compliance Not In Compliance For the following reasons: 1) Drainage - no commitment to initiate drainage study 2) Conservation areas not depicted on FLUM 3) Industrial uses allowed in wetlands 4) Plan not coordinated with Resource Mgt Plan 5) No intensities for Indus, Comm, & Public land uses 8 61 c rvt FUTURE LAND USE ELEMENT GOAL, OBJECTIVES AND POLICIES City of Okeechobee Comprehensive Plan Adopted March 19, 1991 GOAL: THROUGH A WELL-PLANNED MIX OF COMPATIBLE LAND USES, THE CITY OF OKEECHOBEE WILL MAINTAIN A HIGH QUALITY LIVING ENVIRONMENT,PRESERVE ITS DISTINCTIVE NATURAL AND HISTORIC RESOURCES, AND PROVIDE PUBLIC SERVICES TO ITS RESIDENTS AT A MINIMUM COST (9J-5.006(3)(a)]. OBJECTIVE 1: The location of future development in the City of Okeechobee will be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography [9J- 5.006(3)(b)1,7]. Policy 1.1: Approval of development proposals will be conditioned on the availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards [9J-5.006(3)(c)3]. Policy 1.2: The City of Okeechobee will ensure that needed public facilities will be in place prior to or concurrent with new development through implementation of a Concurrency Management System [9J-5.006(3)(c)3). Policy 1.3: Where minimum levels of service for parks, roads, and solid waste disposal are met, new residential development and commercial developments receiving approval from the Florida Department of Health & Rehabilitative Services may make temporary use of private wells and septic tanks subject to the requirement that it will connect to public potable water and sanitary sewer service once such service becomes available [9J-5.006(3)(c)3]. Policy 1.4: By September 1991, land development regulations applicable in the City of Okeechobee will be amended to implement appropriate best management practices described in A Guide to Sound Land & Water Management (published by the Florida Department of Environmental Regulation) or limit development densities and intensities in areas where soil types or topography are not conducive to development. Permitted _ — densities and intensities in environmentally sensitise areas shall he as established under Objective 2 and the Future Land Use Map. Goa) U`iennes and P.11,es Fuwre Lare the rlemen• Coy o!(teem.nee Coenprenensne Plan • AdopeG 3:19N; • /9/74-ad"Ye frol-S OBJECTIVE 2: The City of Okeechobee will ensure that all new development is consistent with the Future Land Use Element [9J-5.006(3)(b)7]. Policy 2.1: The following land use designations are established for the purpose of managing future growth: a) Single-Family Residential. Permitted uses are one single-family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum S'�` density for single family development shall be five units per acre. b) Multi-Family Residential. Permitted uses include apartments, duplexes, condominiums, single-family houses and public facilities. Maximum density shall not exceed 10 units per acre. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for multi-family development shall be 11 units per acre. • • c) Commercial. Permitted uses include office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. d) Industrial. Permitted uses include large-scale manufacturing or processing activities. Also permitted are public facilities. e) Public Facilities. Permitted uses include parks, schools, government buildings, fire stations and other recreational and non-recreational public properties. [(9J-5.006(3)(c)1) and (9J-5.006(3)(c)7)] Policy 2.2: In accordance with property rights policies adopted by the Central Florida Regional Planning Council in the Central Florida Regional Policy Plan, the City of Okeechobee recognizes and will protect private property rights. In implementing the Comprehensive Plan, the city will ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses. activities and hazards. Planning for land use and public facilities in the city will consider private property rights, and ensure citizen input into government land use decisions affecting property rights. I 3 ed,O•;eane,and PoI.,e, Forure.end Use FJemeni Co)of Oaeecn.Mnce Compfenenuvc AdopteJ 1'1991 • rd/,'.-1 .2. 2, (co.t1;-1,.QQ() By September 1991, the city will adopt land development regulations establishing an Environmental Site Review process to be applied to all development proposals. The Environmental Site Review will identify environmentally sensitive areas and conditions limiting development potential, prescribe measures to minimize damage to natural systems, txt .tdr� and ensure the structural integrity of all man-made facilities. • I t3' ;�t° The Environmental Site Review will be based on the following ,, v information, to be shown on a certified survey supplied by the applicant: IS a) appropriate data indicating whether soils are suitable for building I construction; Ib) appropriate data indicating whether soils are suitable for the use of ' septic tanks (if the site will not be served by public sanitary sewer I facilities at the time of development); ' / c) areas designated by the South Florida Water Management District . and/or the Department of Environmental Regulation as / jurisdictional wetlands; ' / d) types and approximate locations of wetland areas as shown on National Wetlands Inventory maps(U.S.Department of the Interior, I Fish and Wildlife Service); ' e) existing wetlands on-site as of survey date; and f) types and location of existing vegetation. . i Using the submitted information, the city will formulate for each development proposal an appropriate list of conditions for development I approval. The conditions will be developed by the City Administrator ilI or his designee, in consultation with City.Council, and will address the following objectives, where applicable: a) preventing the degradation of water quality in Taylor Creek; b) protecting groundwater quality, particularly in the vicinity of P municipal wells; c) preserving existing wetland areas; d) avoiding the disturbance of natural drainage features; P e) preserving habitat for endangered and/or threatened wildlife species, if such species are known to be present in the area; and f) preventing property damage due to flooding, soil compaction, or other physical conditions of the site. Building permit applications for single-family residential structures shall Ibe exempted from the Environmental Site Review process. , IP • 4 Ga.,Oneccn•a and Poleua Future Lan4 Uae FJemem Gn of Uarrchober Compreherunr •l.n iAd..pted 3 I'!'. ff-ccc wtu �! Policy 6.1: The City of Okeechobee's land development regulation revisions will include stormwater drainage provisions which ensure that [9J- 5.011(2)(c)4]: (a) new developments are required to manage runoff from the 25-year frequency, 24-hour duration design storm event on-site so that post- development runoff rates, volumes and pollutant loads do not exceed pre-development conditions; (b) stormwater engineering, design and construction standards for on- site systems are provided; and (c) erosion and sediment controls are used during development: OBJECTIVE 7: The City of Okeechobee will obtain data needed for correction of ;, existing deficiencies in man-made drainage facilities or altered natural y 5�,,�b�'� drainage features. I 4-3— 4-}1. 1 Policy 7.1: The City of Okeechobee will undertake a stormwater management study—Th to identify water quality and drainage deficiencies and meet all data B requirements set forth in S. 9J-5.011, F.A.C. The Comprehensive Plan will be amended in light of the study's results and recommendations. In addition to using any available funds of its own, the city will request funding assistance from the South Florida Water Management District to undertake this study [9J-5.011(2)(c)1]. Policy 7.2: Drainage facility improvements will be provided according to the following priorities: (1) to fulfill the city's legal obligations; (2) to prevent further degradation of Taylor Creek; (3) to provide adequate drainage for existing development in the city; (4)to provide adequate drainage for new development in the city; and (5) to extend municipal drainage facilities to areas outside the city. OBJECTIVE 8: The City of Okeechobee will reduce its per capita water consumption by 10% by the year 2000 [9J-5.011(2)(b)4]. Policy 8.1: The city's utility services shall encourage conservation through special Lrate structures to reward customers who minimize their water consumption [9J-5.011(2)(c)3]. I Goal PaUaee Sam,an Se+.c'.. Faeme.v Gi.u:lheeCpnMt Cnmprcna:Ine Phan Adopted 1'14141 ffCr CAne 4,5 INTERGOVERNMENTAL COORDINATION ELEMENT GOAL, OBJECTIVES, AND POLICIES City of Okeechobee Comprehensive Plan Adopted March 19, 1991 GOAL: TO ACHIEVE GREATER GOVERNMENTAL EFFICIENCY AND RESOLVE CONFLICTS BY COORDINATING DEVELOPMENT ACTIVITIES BETWEEN THE CITY OF OKEECHOBEE AND OKEECHOBEE COUNTY, AND RELEVANT REGIONAL,STATE,AND FEDERAL ENTITIES [9J-5.015(3)(a)). • OBJECTIVE 1: The City of Okeechobee will coordinate its Comprehensive Plan with Okeechobee County, the Okeechobee County School Board, and other relevant state or local agencies [9J-5.015(3)(b)1]. Policy 1.1: The City of Okeechobee will establish a review procedure ensuring �--� coordination of activities in its Comprehensive Plan with plans of the Okeechobee County School Board, Okeechobee County,and other state or regional entities. The procedure also will address coordination with 41 r the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins. This review procedure will be established by the City Council, and will be implemented by the Council ' or its designee [9J-5.015(3)(c)1]. Policy 1.2: The City of Okeechobee will request, by letter, a copy of the proposed comprehensive plan or plan update for Okeechobee County [9J- 5.015(3)(c)3]. Policy 1.3: The City of Okeechobee will, on request, provide as much information and assistance as is feasible to interested local governments or other appropriate entities regarding its comprehensive plan and plan updates • [9J-5.015(3)(c)3]. Policy 1.4: The City of Okeechobee will notify the Okeechobee County Manager in writing of all proposed annexations. The City Administrator, or his designee, will meet with the Okeechobee County Manager, or his designee, to resolve any potential annexation conflicts or issues [9J- 5.015(3)(c)4]. OBJECTIVE 2: Through coordination mechanisms, the City of Okeechobee will address the impacts of development proposed in its Comprehensive Plan upon development in unincorporated Okeechobee County [9J-5.015(3)(b)2]. Goal Oolecoses and Po Lots c Inter,•wemmenu;Coordmatwn Element e Cuy of Oteeu,nnee Conprenenane Pun Adopted 119/91